HomeMy WebLinkAbout2000-01-26 Planning & Zoning Minutes' ~ CITY OF KENAI
PLANNING as ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
JANUARY 26, 2000 - 7:00 P.M.
CHAIR CARL CLICK, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.m.
1-a. Roll Call
Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Amy Jackman,
Donald Erwin (arrived at 7:08 p.m.)
Members Absent: Robert Newbry
Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn
Kebschull, City Attorney Cary Graves, Building Official Bob
Springer, Contract Secretary Barb Roper
1-b. Agenda Approval
MOTION:
Cornmission.er Goecke MOVED to approve the agenda to include the handouts
provided prior to the meeting and asked for UNANIMOUS CONSENT. Motion
SECONDED by Commissioner Jackman. There were no objections. SO ORDERED.
1-c. Approval of Minutes: January 12, 2000
MOTION:
Commissioner Nord MOVED to approve the Minutes of January l2, 2000 and asked
for UNANIMOUS CONSENT. Motion SECONDED by Commissioner Bryson. There
were no objections. 30 ORDERED.
1-d. Consent Agenda -None.
ITEM 2: SCHEDULED PUBLIC COMMENT -- None
ITEM 3: CONSIDERATION OF PLATS
3-a. PZ00-03 -Preliminary Plat -- fihompson Park One Stop Replat -Integrity
Surveys
MOTION:
Commissioner Goecke MOVED to approve PZ00-03. SECONDED by Commissioner
Jackman.
Kebschull requested the Commission to consider the recommendations staff made on
the plat. Goecke asked staff for clarification about the ten foot setback in a
commercial zone. Springer replied there was na actual setback in the Planning and
Zoning Code but the Building Code had certain restrictions on how far the building
could be from a property line. Springer added, by allowing a lot line Less than ten feet
from the building would create a conflict with the building code.
Nord asked staff what the reasoning was behind a window being away from a property
Line. Springer answered the building code didn't allow an opening in a side of a
building if it was too close to the property line. Springer added, it would be allowed if
it was a protected window but the one the applicant had was not protected. Springer
stated this was primarily a fire issue.
Erwin arrived at 7:0$ p.m.
Goecke asked if it was against the building code, why should the Commission be
concerned with the window? Springer replied that as the building currently sat it was
compliant but once there was a replat, it would create a building code issue. Springer
continued, the problem could be eliminated if the window was taken out and the
applicant intended to da that.
Goecke asked if it was the intent of the applicant to break up the large lot for the
purpose of building. Goecke added, he was concerned about access in the future,
especially from Lot $A and 6A. Kebschull stated the applicant was asked to address
access, as it was also a concern of staff.
Glick noted the canopy overhang and asked if it went over the lot line. Springer
replied that he didn't believe it did and the drawings also showed they did not.
Jackman asked if the same person owned all three lots. Springer answered they did.
Kebschull confu-med the same individual owned all three lots and the City had no
knowledge of a possible sale.
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Bryson asked how Lot 7-A access would be addressed? Kebschull answered the owner
may need to come to some sort of an access agreement with the adjoining properties.
Kebschull added, this wasn't currently an issue since one person owned all three lots.
If they build on the other two lots, then access would become an issue.
Bryson asked if two private easements would be required; one far utilities and the
other for potential access, surface use. Kebschull replied, she thought that was
correct.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the main motion by attaching the staff
recommendations to the conditions. Motion SECONDED by Commissioner Nord.
Bryson asked if the utility easement considered by staff was a deep water and sewer
line. Kebschull replied that was correct. Bryson asked if the shallow utility line
easement would be interpreted as being available to all agencies for installation of gas,
electric, telephone, etc. Kebschull stated that it was the City Engineer's
recommendation there be a second easement for the water and sewer. Bryson asked if
the City Engineer felt it was possible to construct both water and sewer in the
proposed location. Kebschull replied, yes and continued, there was some discussion
and it was understood there was about fifteen feet in there and it would be tight but it
would be possible. Bryson asked if it was possible to partially use the existing
easement? Kebschull replied that she didn't know but she thought the existing
easement was for utilities. Kebschull added, the surveyor may want to investigate for
what the easement was dedicated and then come back with a recommendation.
Bryson stated it might have a dual dedication for amultiple-use easement.
VOTE ON THE AMENDMENT:
B son. Yes Erwin Yes Goecke Yes
Nord Yes Newb Absent Jackman Yes
Glick Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION:
Erwin Yes Goecke Yes Nord Yes
Newb Absent Jackman Yes B son Yes
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Glick Yes
MOTION PASSED UNANIMOUSLY.
ITEM 4: PUBLIC HEARINGS
4-a. PZ00-O~Encroachinent Permit-Side as Rear Yard Setbacks-Lot 5, Block
5, Inlet Woods Subdivision (1110 Channel WayJ. Application submitted by
Steven R. 8s Judith A. Robinson, 1110 Channel Way (P.O. Box 3589),
Kenai, Alaska.
Erwin announced that Mr. Robinson was a friend of his and if the Commission felt
there was any conflict, he would be willing to abstain from voting on the issue. Glick
asked if their friendship would affect how Erwin would vote. Erwin replied it would
not affect his decision. With no objection from the Commission, Glick ruled there
would be no conflict and Erwin could vote.
MOTION:
Commissioner Goecke MOVED to approve PZ00-02. Motion SECONDED by
Commissioenr Bryson.
Glick announced staff would be allowed to speak on the item before the public hearing
was opened so that their comments could be made a part of the record.
Kebschull reported the item was an encroachment permit for both side and rear yard
setbacks in Lot 5, Block 5 in Inlet Woods Subdivision. Kebschull made a correction to
Item ~-a in the packet, under Recommendations. She noted, the first sentence should
have read "Applicant is requesting an Encroachment Permit for 3.5' into the side yard
setback and 9.3' into the rear yard setback." Kebschull added, the encroachment was
discovered as a result of an application for a Conditional Use Permit.
Kebschull requested to speak on behalf of the City as a property owner when it was
appropriate to do so.
Glick pointed out there were three letters in opposition from the public. Goecke stated
the letters were in opposition of the Conditional Use Permit, PZ00-01.
Prior to opening the Public Hearing, Chairman Glick read the rules of a public hearing,
which included anyone wishing to speak must raise their hand and be recognized by
the Chair. After recognition, the person testifying would approach the podium, state
PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 26, 2000
PAGE 4
his or her name anal address for the record and also retard the information on the
sign up sheet on the podium. Each speaker would be limited to a presentation of five
minutes. Those individuals with a written statement that would exceed the allowable
five minutes would have to request an extension before his or her testimony began. A
copy of the prepared statement needed to be provided to the recording secretary so
that it could become a part of the official record. All questions and comments would
be directed to the Chair and the Chair would refer them to the proper person for
answer or comment. There would be no personal insults or testimony not having a
significant bearing upon the matter at hand, and if that occurred, the speaker would
be ruled out of order.
Public Hearing opened. Verbatim began:
Marilyn Kebschull, City of Kenai, 210 Fidalgo, Kenai, Alaska -The City has
recently become the adjoining property owner to Lot 5. The City now owns Lot 6, Lot 4
and Lot 15, which surround this lot. Lot 6 is the most affected by the Lot, Lot 16 by
the rear setback. The City is against the encroachment basically because these are
small lots and we do believe that it would affect the value of the neighboring lots.
No other comments, public hearing closed.
Verbatim Ends.
Goecke expressed concern the property owner purchased the property with the
structures in place and shouldn't be required to move the buildings that were on
foundations. Goecke thought the original property owner should be responsible for
the encroachment. Goecke questioned why the title company didn't catch the
encroachment when the property was purchased. Goecke thought asking the
applicant to move the building at this time was a bit much.
Jackman asked if the shop was on a foundation when purchased. It was noted that it
was on a foundation.
Bryson stated a similar situation in Deep Wood Park came to mind where the City
Planning Commission recommended granting the variance for a side setback and the
City Council overturned the decision. Bryson added, it was the same situation with
an existing house, a vacant lot next door and the property owner next door objected.
Bryson stated this would be the situation he would refer back to in weighing the
significance of the issue.
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Jackman agreed with Goecke that the applicant should not be punished for the
encroachment or should be required to move the buildings. Jackman added, at the
time of the sale when the lot was sold and there was a problem, then perhaps the
Commission could have considered it if the person who bought the lot had an
objection. Bryson pointed out the issue was whether the applicant would be granted
the encroachment permit not whether it was being ordered to be moved. Bryson
continued, the City had not indicated they were directing the property owner to correct
the situation; they just didn't want the encroachment permit approved.
Nord, to set the record straight, reported that title companies explicitly do not insure
encroachments so, therefore, is was not responsible for catching it. Nord added, it
may have showed up on an as-built survey but now not all lenders are requiring as-
built surveys. When the property transferred ownership, the title company would not
have been responsible. Nord reiterated, title companies would not insure
encroachment or zoning so it was up to the property owner or the agent of the buyer
and/or seller to find these things out prior to a sale. Nord stated she was in favor of
granting the permit because it was there and it was on a permanent foundation.
Jackman asked what would happen if the encroachment permit was not awarded;
would the applicant be fined or required to move the structure. Kebschull replied, the
next step would be administration notifying the applicant that he would have to come
into compliance which would probably entail moving the structure.
Councilman Bannock stated that Bryson gave an excellent scenario of a similar
situation. Bannock stated he also thought of another similar scenario in Beaver hoop
where there was an existing foundation which crossed the line onto City-owned
property. To correct that situation, the City sold two feet of the property to bring it
into compliance.
Goecke asked why the encroachment was needed for this building when there wasn't
one needed for the smaller one. Kebschull replied, the Cade stated that if it was a
building that required a building permit, it must meet setback requirements. Goecke
asked where the building permit was when the structure was built. Kebschull
answered, the person did not obtain one.
Bryson asked if the proposed ruling on the degree of permitted encroachment was
approved. Springer replied it was approved and although he didn't recall what the
ultimate number was, he thought it was 12" total. Bryson asked if it would affect this
request. Springer answered, it wouldn't apply to this due to the degree of
encroachment.
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Nord asked staff if the building permit was required because there was a permanent
foundation. Kebschull replied, no, it could be on skids but if it were a large enough
structure, it would require a building permit.
Jackman stated she would like to make a stipulation that if the issue did go back to
Council for reconsideration, that consideration be given to perhaps giving the owner
the option of buying enough land off of the adjoining lots. Glick stated it would be a
Council decision and Planning would not be involved in it. Jackman suggested the
Commission make the recommendation to Council. Graves reported the adjoining lots
would be for sale in the spring and it was suggested that it might be considered as a
solution. Graves continued, the sale, according to City Code, would put the lots up for
public sale and lots not purchased at the public sale would be available for anybody
willing to pay the appraised value price. Graves added, it was anticipated the lot
would go at public sale. Kebschull noted that it would still not alleviate the rear
setback problem.
VOTE:
Goecke Yes Nord Yes Newb Absent
Jackman Yes B son No Erwin Yes
Glick No
MOTION PASSED.
Bryson stated that if this were to go before the City Council as an appeal item, they
would have the flexibility to address both setback situations.
4-b. PZ00-01--Coaditioaal Use Per=ait-Gun Shop-Lot 5, Block 5, laYet Woods
Subdivisioa (1110 Chaaael Ways. Application submitted by Stevea R. 8a
Judith A. Robinsoa, 1110 Chaanel Way (P.O. Box 3589), Kenai, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ00-O1. Motion SECONDED by
Commissioner Goecke.
Kebschull noted the applicant was proposing to open a gun shop in a structure
located next to his residence. Kebschull added, clarification was probably required
from the applicant at this time because at various times the City received different
amounts on the amount of gunpowder he planned to store. Kebschull also noted the
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PAGE 7
applicant was planning to reload, store and sell ammunition in addition to repairing
and selling guns. Kebschull requested she be asked to speak on behalf of the City
when appropriate.
Public Hearing opened and Glick reminded the audience the same rules read earlier
would still apply.
Verbatim Began
Chris Koppel, 1 I01 Inlet Woods Drive, Kenai, Alaska - I live approximately two
houses down from Mr. Robinson. L .. I'd first like to note that ah, the certified letters
that came out to the, um, to the area residents, one didn't come to me. I don't know
how that got overlooked but i got my information basically through the neighbor, so,
urn, I don't know how I got overlooked because I'm only two houses dawn from him so.
When they... I don't know how that process is done or what not but, any how, my
comment is this, Um, L. I'd been in the neighborhood for about 4 years and ah, L.. I'm
kinda seen as the neighborhood watchdog and what I mean by that is ah, I... I keep
tabs on ah, on the speed of people when they come through the neighborhood because
when I moved in I had young kids and ah, most all of the young kids in the
neighborhood hang out at my place and ah, I got a pretty good idea who Iives in there
and ah, you know, L.. I tend to be um, I don't know if this sounds strange, but I tend
to be our neighborhood enforcement, ah... of when the parties go in the back of the
neighborhood I'm usually the one to go down there, break them up if they get to wild.
When people come speeding through I usually the one to run em' down and ah, you
know, tell them that we need to, you know, we need to keep speeds down, what not.
Sa of course I got quite a few phone calls when I heard about the gun shop that was
gonna come iurz. Ah, I went down and introduced myself this afternoon to ah, Mr.
Robinson to... to try to find out what exactly was going on and, you know, what his
intent was and what not. I might also add comment on the letters that were written
by the other urn, neighborhood people there, ah, my comment would be that if they
were truly concerned, um, and I certainly don't know what they state but if they were
truly concerned about what Mr. Robinson was doing they... they probably either
should have been here tonight or they should have gone down to his house and talked
to him and try to get a good idea of what was going an. I was worried when I originally
read it um, as they had stated about the gun powder that was gonna be there. I guess
that was my biggest concern and as it reads further on here I understand that and
through further conversation that he is... he's not going to do the relaadixxg, ah, from
my understanding and that he's ah... he's not going to have that gun powder I.. on
hand. Urn, essentially from what I gather, what he's wanting to do is he's ah, he's got
some experience in ah, in working with ah metal equipment, lathes and what not and
ah, obviously his hobby is ah, is hunting and... and the use of firearms and the people
PLANNING & ZONING COMMISSION MEETING MINUTES
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that hang around firearms and ah, it's not that he's proposing having a ah... a gun
shop that is similar to the gun shop that sits across from my elementary school in
town, he's asking to have a gun shop where he ah, repairs guns and does a mail order
business and if any of you that have purchased guns through a mail order business
you understand that you"ve already got in your mind what you want, you approach
the person about the gun, he orders through the mail, when it comes in you go fill the
paperwork out and you get your gun. You don't walk into a store where there's a
selection of guns to choose from. It's not like he's storing a bunch of guns down there.
Urn, L .. I would like to say Yrn speaking on behalf of the entire neighborhood but I
can't do that because of obviously I haven't been given the power to do that but I... I
would say this, and that, um, being several... you know, houses down from him and
having children myself and... and just the roll that I do play in the neighborhood, I... I
don't have a problem with what he's trying to do there, um, he... he already has
regulations that are going to be watching over here when it comes to the Alcohol,
Tobacco and Firearms, there's rules that he has to follow, he has to be inspected, ah,
I'm sure the um, there's rules that he has to follow within the City and... and um,
sounds like with the ah, there must be some deal with the Fire Marshall he has to be,
you know, there's certain rules he has to follow to that so, L .. I can't see where
something like this that he's trying to do would ever get out of hand. Um, I... I'm
simply saying I don't have a problem with it and I just live right down the road from
him. That's my (inaudible)
Glick: Okay.
Koppel: Got any questions for me or anything?
Glick: Not at this time, thank you Six.
Glick: Okay, is there anyone else in the public wishing to speak to this item.
Debbie Sonberg, 4i0 Cinderella, Kenai, Alaska - Hi, Debbie Sonberg, 410 Cinderella
Street, Kenai. Was there a swearing in thing? Or not? Okay, I read over the rules I
thought that was on there.
Glick: No.
Sonberg: Okay,
Glick: You just need to sign in and give us your name and address.
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Soaberg: Okay. Well it's been awhile since I've before P&Z and I would have been
here at the last meeting but my husband just got out of surgery and we were out of
town still. Um, cause I knew this was coming up and I was interested in... in knowing
more details and so on but I just haven't been able to get out and find them. Some of
my questions were answered already by the gentlemen just before me, ah, as to the
type of shop and sa on. Ah, I am wondering for one thing, on the application it says
the use is consistent with the purpose of this chapter and purposes in intent of the
zoning district and this is rural suburban and I was wondering what item an the land
use table applies to a gun shop, is it like general retail or it's not quite the same as
home office I don't think cause it's a separate building, just wondering how it meets
that ah, criteria as well as how it meets the Comprehensive Plan. I was also reading
through some of your... minutes or notes from the last meeting and there's a park
going in... not going in... being considered with some of the lots in that general area, I
didn't know how close that was. Obviously people aren't going to be going in picking
up a bunch of guns and running around ah, but I was kinds wondering how some of
these things ah, fit in, um... it's a neighborhood similar to my own in the sense that
there are several lots that aren't developed yet and so there's not a lot of people that
receive certified notif cations, ah, it's a beautiful neighborhood, it's a beautiful home
that they have, urn, I'm just kinds wondering how all this fits together and ah, maybe
the owners themselves could explain a little bit more at the meeting. Maybe they have
before anal I just missed it and L.. I might have some more questions after that but I
still am wondering how this all fits in... to rural suburban, to the Comprehensive Plan
cause the application just has you checked that it does, it doesn't have the applicants
state how.
Glick: Okay, thank you Ms. Sonberg. Is there anyone else in the public wishing to
speak to this item? Would the owners wish to... oh, Mr. McCollum?
Glens McCollum, 399 McCollum, Kenai, Alaska -I'll make this short and sweet.
My name is Glenn McCollum, I live at 399 McCollum, if you'd believe that. Okay my...
thoughts are... I'm part of that MAPS group, remember me? Well when Hugh Chumley
wanted to come and put a business in our area that was zoned rural residential. We
came dawn here and we fought it and we brought all of our neighbors and people
along with us. I don't know the Robinson's, I don't have any qualms or anything
about it, I don't like the sound of a gun shop being five foot from a property line. The
guy next door wants an easement but another five feet, sounds sort of funny but I
want to be put down as objecting to put business in a rural residential area. Thank
you.
Glick: Okay, thank you. Now, anyone else in the public... yes.
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Steve, Robinson, 1110 Channel Way, Kenai, Alaska -- I'rn Steve Robinson, this is my
wife Judy. Ah, if I can remember, ah, a couple of the questions ah, the powder issue,
ah, I've given up on reloading at all in that structure. NFA regulations for commercial
ah, establishment are pretty strict far per... personal use and so I'll just reload for
myself in my garage. Ah, (inaudible) count that one out. Ah, I don't foresee this being
a... a very much of a traffic activity in the area ah, I foresee friends who might want a
special gun ah, possible have me order it far them and they would pick it up
immediately. I would like to get into the gun-srnithing end of it, ah, special
machining, maybe some customization, ah, that's what I see it. I'm thinking that I'm
preparing myself ah, for a retirement, semi-retirement job, possibly of gun-smithing,
and ah, and the application for the federal firearm license ah, of course I had to get my
personal affairs in order which brought up the encroachment and other things but,
ah, that's basically what I have to say is ah, I don't think it would be a very active
business ah, we do have ah.. ah.. a nice looking home and we intend to keep it that
way, ah, ah, L. I don't have much more to say, that's... that's basically it. Any
questions far me?
Glick: Ms. Jackman.
Jackman: I do. I... I... I drove by there earlier today and I... and Ike seen on, in our
packet here, where it says there is a paved parking fox seven, now was that plowed
over, is it already in place or do you plan on building that or...
Robinson: No, it's.., there's blacktop paving there all the way up to the end of the...
the small structure...
Jackman: So it's just covered with snow right now...
Robinson: Right.
Jackman: So it's been there...
Robinson: Yes, it's been there...
Jackman: It's already been there...
Robinson: ...when I purchased it...
Jackman: Okay. Um, let's see. Now, I'm not sure about... since you're not going to
be storing any gun powder in there now if this would matter but wo... would... ah...
the fire regulations still having f...firearms maybe in the shop would those still apply?
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Springer: Yes they would.
Jackman: Okay. So then my next question to you is, ah, on top of putting the
gypsum board in, are there fire stops in the walls?
Robinson: (inaudible)
Jackman: Besides the...
Robinson: Yes, there are...
Jackman: There are fire stops?
Robinson: Yes, I have... I still have some ah, gypsum wall board is not up yet.
Jackman: Right, but... but... but.. besides that, the fire... the fire stops are the studs
inside the walls that go up, ah.. have tho... are... do... are those in place?
Robinson: Yes.
Jackman: Okay. Okay. Hmm.. now, I... I... would eh... eh... say that my only
problem with this, since you are not going to be storing the gun powder would be the
matter of parking in... the... the amount of traffic. I... ah... it being a residential area
and it is, you have a very nice home anal the ret... the area is very nice, I know that the
amount of traffic might be of con... some concern and the amount of, how many cars
might be parked there at one time for the business. I also know people that have their
FFL and sell firearms out of their home and... the traffic isn't that great, like it was
stated, you usually do it by phone and they come and pick it up, so what... what are
you anticipating... as far as... traffic in there?
Robinson; I... I would guess there would never be more than ane person there at a
time.
Jackman: Right, right, now, also in the packet L.. I believe it mentioned you said that
on top of guns you would be selling other equipment, would that be knives and things
like that?
Robinson: Well just stuff' that...
Jackman: Just sporting...
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Robinson: ...goes along with it...
Jackman: 5... sure...
Robinson: ..holsters ah,
Jackman: Sure
Robinson: ...things that go along...
Jackman: Sure (sigh)
Robinson: ...cases...
Jackman: So an.. a... and now the question that arises with that since those will be
stored in there, is there any type, 1'rn sure you have locks on it, but is there any type
of security device that you have in place on that building?
Robinson: Well...
Jackman: Just besides locks because I'rn just thinking about eh.. you.., y.. you know
possible break-in, teenagers, something... doing something they shouldn't do and...
and the possibility they might get a hold of it... urn... that could happen any where
but... eh.. do... do... do you have something like that in mind?
Robinson: Well it has...
Jackman: Or do you...
Robinson: ...a lock and a deadbolt but I would go... I would probably go with an
alarm system once it was granted and I installed it just... just because of insurance
reasons...
Jackman: I know.
Robinson: ... and good common sense...
Jackman: Right, ah... okay.
G~ck: All right, Ms. Nord?
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Nord: I just have one question Mr. Robinson, did any of your other neighbors come to
talk with you?
Robinson: Ah, there was one lady...
Nord: Other than Mr. Koppel?
Robinson: ...ah, stopped by but she wasn't a neighbor, she... she indicated they
owned some... a lot in the area and her husband actually has a ah, gun shop, an FFL
and a gun shop out of their home and I didn't get their address but they were just...
she was just kinda inquiring on what... what we were going to do and how we were
going to run it. Didn't seem to have any problem at all with it so apparently the own a
lot in the ah, neighborhood, if I interpreted it right. But no, no one else came by
except Chris.
Nord: Thank you.
Glick: Mr. Goecke?
Goecke: Ah, thank you Mr. Chairman, ah, I've wr... this is just a statement not a
question for Mr. Robinson, ah, because he... he took... he ans... he already answered
my main concern about this and that was the ah, storing of the gun powder and doing
the ah, commercial reloading. Ah, and you know we could ah, we could take care of
that so by amending this, putting a condition on it that ah, you know, this not take
place in, on... at that location and ah, so at this point in time I really don't have a
problem with this.
Glick: Okay,
Bryson: We're still in public testimony is that right?
Glick: Yes, we're just asking the...
Bryson: Okay.
Glick: Anymore questions of the gentlemen?
Jackman: I... I do have one more question...
Glick: Okay.
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Jackman: ... I'rn sorry... ah... ah... now, since we're not going to be doing the gun
powder, I want to get this straight, will there be any monitoring of this still by the Fire
Marshall? Eh... eh.. you will be selling ammunition out of there I take it, just not
doing the reloading so, eh... eh... would there still be the monitoring by the Fire
Marshall... e... even if he is not doing reloading?
Springer: Ah, yes, I would say yes, ah, I don't know that far sure 100% because the
Fire Marshall is primarily involved in commercial structures and inspections of those,
um, I guess I would ah, would think that this would possibly fall under that category.
Jackman: Hrnm, and I see that he's made re... they~e made recommendations in
here so I was just wondering if.. eh... it's... it talks about the... the one ten pound
chemical extinguisher being kept and... and the Fire Marshall's annual inspection if
that was pertaining just to the, you know, the... the gun powder in bulk being kept in
there.
Springer: Na, that was pertaining, I believe, to the.., to the use of a.. of a.. of a
business...
Jackman: Okay.
Springer: ...in that structure.
Jackman: Okay, okay.
Glick: Okay, thank you.
Robinson: Thank you.
Glick: Anybody else in the public wishing to speak to this item? Short comments Sir,
since you...
Koppel: Yeah.
Glick: ...spoke once.
Koppel: I just wanted to make sure that it's... it's ah, um, a matter of ah, record here
that um...
Glick: Would you state your name again please so...
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JANUARY 2b, 2000
PAGE 15
Koppel: My name's Chris Koppel, ah, 1101 Inlet Woods Drive again
Glick: Okay.
Koppel: I'd like to, Mr. Chairman, rest of the Commission, I appreciate you listening
to me, um, he... he's trying to open a... a gun shop not a gun store and... and I... I
certainly appreciate your seniority that you that obviously with the community but
um, we have to understand that he's um, what he's doing is... is probably done in...
in... not so much in... in what he's doing but um, the fact that he's opening up a
business in his home is probably being done in a lot of homes, a lot of people sell
Amway, lot of people sell ah, vitamins, lot of people sell lot of stuff, but unfortunately
what he is doing requires um, other authorizations and permits to do what he's trying
to do, urn... the.. again, as a resident of the neighborhood, urn, and I appreciate your
concerns for our neighborhood, I am... I'm glad you guys are concerned as much as we
are, the traffic was a big concern of our too but I... I've been to businesses like his and
often times you might be his only customer in... in months on end. It usually winds
up being kind of a... a... a buddy, friend type business that gains you access to
cheaper firearms anal cheaper equipment and what not and I... I think that's kind of
the direction he's going, um, but again I just wanted to make sure that it's... that it's
commen here... that it's public comment that urn, what he is doing is... is often times
um, no different than what probably takes place in a lot of homes in... in a.. in selling
goods and what not. That's all I have to say.
Glick: Okay, thank you. Okay, ah, the City wish to speak in the public hearing now.
Kebschull: Ah, yes, again, I will be speaking as the City as one of the property owner,
adjoining the lot and basically the City is against the manufacture of ammunition and
if the Commission would ah, recommend that that be um, contingent that he not do
that in the home, that we would not be against the mail order gun repair business.
Glick: Okay, once again, anybody else in the public wishing to speak to the item?
Okay, seeing none, we'll bring it back to the Commissioners.
Erwin: I'd like to ask one question (inaudible) I'd like to ask a question of Steve, ah,
Amy broached on it but I am not real clear, will you be selling ammunition out of the
establishment?
Robinson: Yes.
Erwin: Okay. I~1... I'll wait until it comes back.
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PAGE 16
1
Glick: Okay.
Jackman: And I do ha... just have a comment.
Glick: Ask him?
Jackman: N... for... no, for the Commission. L.. just need to make a comment.
Glick: Well, then we'll bring it back from the...
Jackmaa: Okay, okay...
Glick: ...public hearing...
Jackman: Okay.
Glick: ...before we do that. Okay, you need something before we close public
hearing?
Nord: Yes.
Glick: Okay.
Nord: Ah, a question of staff, ah, staff representing the City as a property owner, the,
you're saying that the City is opposed to manufacturing ammunition, are they not
apposed to selling ammunition?
Kebschull: I would have to say, um, that based on the information I was given, that's
a correct interpretation I was spec~cally noted that against the manufacturing.
Nord: Thank you.
Glick: Okay. At this time well close the public hearing and bring it back to the
Commissioners.
Verbatim Ends
MOTION TO AMEND:
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JANUARY 26, 2000
PAGE 17
1
Commissioner Bryson MOVED to amend the main motion to attach recommendations
1 through 6 which are applicable to the conditions of approval and also add number 7
that no commercial reloading will be performed on site. Motion SECONDED by
Commissioner Jackman.
Goecke thought that the first recommendation regarding the encroachment was
eliminated with the PZ00-02 and requested that the recommendation be struck.
Graves pointed out there was an encroachment but it was a permitted encroachment.
Kebschull also noted there was 30-day appeal period that someone could appeal and
Council could overturn by acting as a Board of Adjustment so there could still be an
encroachment problem.
MOTION TO AMEND:
Commissioner Goecke MOVED to amend the Amended Motion to eliminate
recommendation number one. Motion SECONDED by Commissioner Erwin.
Bryson asked if it would be more appropriate to reword the first item by stating the
encroachment situation must be corrected formally rather than eliminate it. Graves
added, it might be resolved by sayua,g the encroachment must be in compliance with
Code. Goecke stated he agreed with the change. Erwin agreed with the change to the
amendment.
VOTE ON SECOND AMENDMENT;
Nord Yes Newb Absent Jackman Yes
B son Yes Erwin Yes Goecke Yes
Glick Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON FIRST AMENDMENT:
Jackman Yes B son Yes Erwin Yes
Goecke Yes Nord Yes Newb Absent
Glick Yes
MOTION PASSED UNANIMOUSLY
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JANUARY 26, 2000
PAGE 18
Bryson stated, upon review of the six items an the first page of the application, he
didn't feel the applicant met the conditions required in the first three conditions. For
that reason, Bryson stated he would vote against the motion.
Jackman stated for the record that she and her husband had also purchased firearms
from a friend with an FFL who sold from his home. Jackman added, the procedure
was usually done by phone and either delivered to them or they picked the firearm up
so it didn't create a lot of traffic. Jackman thought the big issue was the reloading
and the gunpowder which would have been stored, but since that was eliminated and
she felt the traffic would be kept at a minimum, she would be in favor of the motion.
Goecke agreed the traffic would not be a problem so he would also vote in favor.
Erwin stated he also knew someone else who was a gunsmith and dealer for twenty
years and worked out of his home and mast times a person couldn't tell there was a
business there so traffc would never be much of a consideration.
Nord referred back to the intent of the zoning and stated she didn't feel that type of
business fit that intent. Nord added, there were four objections to the business being
in that neighborhood and they needed to be considered as well. Nord continued, the
value of the adjoining properties in the neighborhood could also be affected if the
potential buyers were aware of the type of business in their neighborhood. Nord
stated she would not vote in favor of the motion.
Jackman asked for clarification on where the City stood on the issue; were there no
objections since gun powder was eliminated. Kebschull confirmed that was correct.
VOTE ON MAIN AMENDED MOTION:
B son No Erwin Yes Nord No
Newb Absent Jackman Yes Goecke Yes
Glick No
MOTION FAILED.
Glick informed the applicant he had 30 days in which to appeal the decision to the
City Council.
Kebschull requested permission to address Mr. Koppel's concern that he was not
notified. Kebshhull informed Mr. Koppel that he was approximately 320 feet from the
affected property and the Code stated adjacent property owners within 300 feet were
to be notified. Koppel commented that Councilman Moore, who lived further away,
PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 26, 2000
PAGE 19
received a letter. Kebschull replied Councilman Moore did not receive written notice
via mail. He came to City Hall and picked up a copy of the notice after hearing about
it from someone else. Kebschull added, anyone could obtain a copy from City Hall
after the notice was in the paper.
IfiEM 5: NEW BUSINESS -- None
ITEM 6: OLD BUSYNESS
6-a. Title 14 Code Revisions
Kebschull reported the Commission's suggestions from the last meeting for revisions
to Title 14 of the code were added to the changes recommended by staff. Kebschull
stated that in regard to adding balloons to the Sign Code, she provided information
that the City of Soldotna uses and should the Commission decide to include
something similar, a decision needed to be made on the type of sign, what to charge
and in what zone they would be allowed.
Kebschull continued, after further review of the Code, staff felt that 30 days may be
too long for an appeal to be requested and recommended the Commission consider
making it 15 days. Kebschull added, currently a permit holder had to wait for 30 days
and often times it was during construction season and could affect their ability to get
construction underway. Bryson asked if someone carne in on the 15~ day to appeal,
what meeting would it be discussed. Kebschull replied that it wouldn't affect this
Commission as the written request needed to be submitted to the City Clerk within 15
days.
Bryson referred to Item 2 of the recommended sign code revisions and asked if his
interpretation of a maximum of four days per display, a maximum of five times per
year at any general location was correct. Kebschull replied, that was exactly how the
City of Soldotna handled it and what they did was the property owner had to obtain a
permit.
Chairman Glick called fora 10-minute break.
Meeting called back to order.
Bryson asked if the minimum height of 100' for aerial signs be researched more to
determine the appropriateness of it. After discussion on an appropriate height,
Kebschull indicated staff would review this and get back to the Commission.
PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 2b, 2000
PAGE 20
Nord thought that staff did a very good job of reviewing the Code and making the
recommendations for changes. Nord expressed her appreciation for the efforts made
by staff as it made the Commission's job much easier.
ITEM 7: PENDING ITEMS
7-a. Proposed Livestock Ordinance (Postponed from September 2Z, 1999
meeting pending work session.)
ITEM 8: CODE ENFORCEMENT -- None
ITEM 9: REPORTS
9-a. City Council -Councilman Bannock noted a copy of the last Council meeting
agenda was included in the packet. Item B-1, Mark Schrag read a letter to Council
and Bannock indicated that he would have a copy of the minutes provided in the next
P&Z meeting packet. Item C-1 was approved; the City Manager did not need to hold
weekly staff meetings. Items C-2 and 3 eliminated the City having to perform
inspections currently done by the State. Item C-4 provided money to the police
department. Item C-5, regarding AHFC Loans -Bannock stated the intent of the
resolution was specific to the rural housing program sponsored by AHFC which offered
a 1% discount on a home that was designated in a rural area. Bannock continued, by
looking at the map of Kenai and pointing out the rural areas, it would appear that
AHFC was helping to steer business or the purchases of homes outside the City by
offering them a lower loan rate. The resolution passed. Item H-3 which was an issue
P8sZ dealt with would be up for approval at the February 2 council meeting. Item H-4
was the remodel of the airport car rental counter spaces and revising their leases. He
explained, the remodel would limit the number of car rental operators to four for a
five-year period. Both items were approved. Item H-5, provided water to the Oilers
Baseball club and was approved. Item H-6, referring to a policy on work sessions was
approved. He explained, this item was the result of the recommendations made by the
P&Z Commission.
Goecke asked about the decision where the Oilers wouldn't have to pay for water as
long as they were occupying the field. Bannock stated that was totally correct and
explained how Council came to the decision. A lengthy discussion ensued.
9-b. Borough Planning:
Bryson reported that the KPB Planning Commission met on Monday, January 24+x.
All items on the consent agenda were approved. Item F-1 was tabled for receipt of
PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 26, 2000
PAGE 21
additional information, as the land situation was very complicated. A second public
hearing was held on Item F-2, Ordinance 2000-02, repealing the existing local option
ordinance and adopting a modified local option. Bryson explained this item would
appear as an action item in early March. Item H-1 was approved which was the
removal of a septic system. Item J-1, a Conditional Use approved the drilling of a
water well within 50 feet of the river. He noted, this was becon:xing a standard
situation along the river.
9-c. Administration
Kebschull thanked the City Attorney and Building Official for being in attendance.
ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 11: INFORMATION ITEMS
I1-a. Commission Policy Regarding Work Sessions for Commissions and Committees
1 Y-b. "Zoning Bulletin" -- December 24, 1999
11-c. Letter of resignation from Commissioner Newbry.
ITEM 12: COMMISSION COMMENTS 8s QUESTIONS
Commissioner Goecke asked about the public hearing rules and asked if
consideration could be given to changing the time limit of five minutes to three
minutes if there was a lot of testimony to be given. Glick replied that would be
changed to three minutes for a large group.
Commissioner Nord expressed surprise at the Clarion's report of the last council
meeting. She added, she thought there were more important issues on which to
report.
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Goecke MOVED to adjourn. Meeting adjourned at 8:50 p.m.
Minutes transcribed and submitted by:
~ ~
Barbara Raper, Cot ct Secretary
PLANNING 8s ZONiNG COMMISSION MEETING MINUTES
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PAGE 22